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“FTC: Technology & Reform” Agenda Available for 12/16 Event with...
As it begins its hundredth year, the FTC is increasingly becoming the Federal Technology Commission. The agency’s role in regulating data security, privacy, the Internet of Things, high-tech antitrust...
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Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of...
Commissioner Josh Wright’s dissenting statement in the Federal Trade Commission’s recent McWane proceeding is a must-read for anyone interested in the law and economics of exclusive dealing. Wright...
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Dealer protectionism in New Jersey
Last summer I blogged here at TOTM about the protectionist statutes designed to preempt direct distribution of Tesla cars that are proliferating around the country. This week, New Jersey’s Motor...
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Over 70 economists and law professors sign letter opposing anti-Tesla direct...
Earlier this month New Jersey became the most recent (but likely not the last) state to ban direct sales of automobiles. Although the rule nominally applies more broadly, it is directly aimed at...
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The Revelations of GM’s Anti-Tesla Letter
As Geoff posted yesterday, a group of 72 distinguished economists and law professors from across the political spectrum released a letter to Chris Christie pointing out the absurdities of New Jersey’s...
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The premium natural and organic men’s apparel market
Last month the Wall Street Journal raised the specter of an antitrust challenge to the proposed Jos. A. Bank/Men’s Warehouse merger. Whether a challenge is forthcoming appears to turn, of course, on...
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Why the Antitrust Realities Support the Comcast-Time Warner Cable Merger
I have a new article on the Comcast/Time Warner Cable merger in the latest edition of the CPI Antitrust Chronicle, which includes several other articles on the merger, as well. In a recent essay, Allen...
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Getting efficiencies right at the FTC: Commissioner Wright dissents in...
FTC Commissioner Josh Wright pens an incredibly important dissent in the FTC’s recent Ardagh/Saint-Gobain merger review. At issue is how pro-competitive efficiencies should be considered by the agency...
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Commissioner Wright Nails It on Minimum RPM
FTC Commissioner Josh Wright is on a roll. A couple of days before his excellent Ardagh/Saint Gobain dissent addressing merger efficiencies, Wright delivered a terrific speech on minimum resale price...
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A Supreme Court ruling against Aereo won’t spell the end of cloud computing
Interested observers on all sides of the contentious debate over Aereo have focused a great deal on the implications for cloud computing if the Supreme Court rules against Aereo. The Court hears oral...
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Lambert and Sykuta Talk Tesla in the Kansas City Star
Mike Sykuta and I, both proud Missourians, recently took to the opinion section of the Kansas City Star to discuss pending state legislation that would bar automobile manufacturers from operating their...
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Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with...
Earlier this week the New Jersey Assembly unanimously passed a bill to allow direct sales of Tesla cars in New Jersey. (H/T Marina Lao). The bill Allows a manufacturer (“franchisor,” as defined in...
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Halliburton and the Paradox of an Efficient Stock Market
I share Alden’s disappointment that the Supreme Court did not overrule Basic v. Levinson in Monday’s Halliburton decision. I’m also surprised by the Court’s ruling. As I explained in this lengthy...
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Antitrust Enforcers’ Stealth Undermining of Patent Rights – Shedding Light on...
In recent years, antitrust enforcers in Europe and the United States have made public pronouncements and pursued enforcement initiatives that undermine the ability of patentees to earn maximum profits...
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Cablevision v. Viacom and the Sad State of Tying Doctrine
Whereas the antitrust rules on a number of once-condemned business practices (e.g., vertical non-price restraints, resale price maintenance, price squeezes) have become more economically sensible in...
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Antitrust Law and Economics Scholars Urge Reversal in McWane
Last Monday, a group of nineteen scholars of antitrust law and economics, including yours truly, urged the U.S. Court of Appeals for the Eleventh Circuit to reverse the Federal Trade Commission’s...
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Net Neutrality Regulation is Bad for Consumers and Probably Illegal
With Berin Szoka. TechFreedom and the International Center for Law & Economics will shortly file two joint comments with the FCC, explaining why the FCC has no sound legal basis for micromanaging...
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Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
U.S. antitrust law focuses primarily on private anticompetitive restraints, leaving the most serious impediments to a vibrant competitive process – government-initiated restraints – relatively free to...
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CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST
The Federal Trade Commission’s (FTC) June 23 Workshop on Conditional Pricing Practices featured a broad airing of views on loyalty discounts and bundled pricing, popular vertical business practices...
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Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on...
The Federal Trade Commission’s recent enforcement actions against Amazon and Apple raise important questions about the FTC’s consumer protection practices, especially its use of economics. How does the...
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